In a buy-bust operation, 30 kilos of shabu were seized from Dave and Daryll.

They were
arrested and placed on inquest before Prosecutor Danilo Doon who ordered their continued
detention. Thereafter, the information for the sale and distribution of shabu was filed in court.
When arraigned, Dave and Daryll pleaded not guilty to the charge. During pre-trial, counsel
for both of the accused raised, for the first time, the illegality of the arrest. The case
proceeded to trial. After trial, the court scheduled the promulgation of judgment with notice to
both the accused and their counsel, Atty. Dimayuga. During the promulgation, only Dave and
Atty. Dimayuga were present. Both the accused were convicted of the crime charged.

(a) Was the challenge to the validity of the arrest timely raised? (2.5%)

(b) What is the remedy available to Daryll, if any, to be able to file an appeal? (2.5%)

Atty. Dalmacio, the Director of the National Bureau of Investigation, applied for a search
warrant before the Executive Judge of RTC Manila. He alleged in his application that a certain
alias Django was keeping about 10 kilos of shabu in a wooden cabinet located at Dillian's
Store in Paseo de Sta. Rosa, Laguna. The Executive Judge of Manila personally examined
Atty. Dalmacio and his witnesses and thereafter issued the search warrant particularly
describing the place to be searched and the items to be seized.

(a) Can the search warrant issued by the Executive Judge of Manila be enforced in Laguna?
(2.5%)

YES. Executive Judges and in their absence, Vice-Executive Judges of the RTCs of
Manila and Quezon City, shall have authority to act on applications for search warrants
involving, inter alia, violations of the Comprehensive Dangerous Drugs Act of 2000.
The applicant in this case, Atty. Dalmacio of the NBI, is applying for a search warrant
involving the search and seizure of 10 kilos of the prohibited drug “shabu” or
metamphetamine hydrochloride. Under current rules promulgated by the Supreme
Court, the search warrant that shall issue from such application may be enforced in
Laguna.

(b) Can the legal concept of "venue is jurisdictional" be validly raised in applications for
search warrants? (2.5%)

As a general rule, YES, the question of jurisdiction or “venue” in applications for

search warrants can be validly raised, except in cases where the application is made
before the Executive Judges or in their absence, the Vice-Executive Judges, of RTCs in
Manila and Quezon City for offenses involving violations of certain enumerated laws
committed in jurisdictions outside of the territory of the aforementioned RTCs.

Danjo, a stay-in gardener at the Dy family home in Quezon City, applied for overseas
employment in Riyadh as a flower arranger. After he left for abroad, Dino Dy, head of the
family, discovered that all his wristwatches were missing. Dino followed Danjo's lnstagram
account and in one instance saw Danjo wearing his Rolex watch. He filed a complaint for
qualified theft against Danjo with the Office of the Prosecutor (OP), Quezon City. The
subpoena with the affidavit-complaint was served on Denden, Danjo's wife, at their house. No
counter-affidavit was filed by Danjo who continued to work in Riyadh. After conducting a
preliminary investigation, the OP found probable cause against Danjo and subsequently filed
the information for qualified theft before the RTC of Quezon City. The court likewise found
probable cause and issued in 2016 a warrant for Danjo's arrest.

Danjo was repatriated to the Philippines in 2018. While Danjo was lurking outside the Dys'
house, which was only about 100 meters away from the police station, SPO1 Dody
recognized Danjo. Realizing that the police station had a copy of Danjo's warrant of arrest,
SPO1 Dody immediately pursued and arrested Danjo.

(a) Was the warrant of arrest issued against Danjo who was not in the Philippines valid?
(2.5%)

YES. The issuance of the warrant was validly had after the filing of a valid complaint
and the conduct of a preliminary investigation even when Danjo was in absentia and
was even abroad.

(b) Can the warrant of arrest be served on Danjo upon his return? (2.5%)

There is no question here as to jurisdiction, since the jurisdiction required in this case
under the law and the Rules are that the court has subject matter jurisdiction (as to the
offense) and that it was committed in a place within the limited territorial bounds of the
court (venue jurisdiction). Therefore, the warrant of arrest can be served on Danjo
anytime upon his return because it does not expire or go stale upon issuance.

Answer the following briefly:

(a) When is bail a matter of judicial discretion? (2%)

Bail shall be a matter of discretion when the accused is charged with a criminal offense
where the penalty carries a punishment of reclusion perpetua, death or life
imprisonment.

(b) Give at least two instances when a peace officer or a private person may make a valid
warrantless arrest. (2%)

When does a public prosecutor conduct an inquest instead of a preliminary investigation?

(2%)

After working for 25 years in the Middle East, Evan returned to the Philippines to retire in
Manila, the place of his birth and childhood. Ten years before his retirement, he bought for
cash in his name a house and lot in Malate, Manila. Six months after his return, he learned
that his house and lot were the subject of foreclosure proceedings commenced by ABC Bank
on the basis of a promissory note and a deed of real estate mortgage he had allegedly
executed in favor of ABC Bank five years earlier.

Knowing that he was not in the country at the time the promissory note and deed of mortgage
were supposedly executed, Evan forthwith initiated a complaint in the RTC of Manila praying
that the subject documents be declared null and void.

ABC Bank filed a motion to dismiss Evan's complaint on the ground of improper venue on the
basis of a stipulation in both documents designating Quezon City as the exclusive venue in
the event of litigation between the parties arising out of the loan and mortgage.

Should the motion to dismiss of ABC Bank be granted? Explain your answer. (5%)